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13 Miss. L.J. 224 (1940-1941)
The Mississippi Law of Nuisances

handle is hein.journals/mislj13 and id is 238 raw text is: MISSISSIPPI LAW JOURNAL THE Mississippi LAW oF NUISANCES The term nuisance cannot be given a precise, technical definition.' Blackstone defined a nuisance as anything that worketh hurt, inconven- ience, or damage.2 Another writer has said nuisance is anything wrong- fully done or permitted which injures or annoys another in the enjoyment of his legal rights.3 But these definitions, necessarily couched in broad and general terms, are of little value. Our position is like that of the author who cautioned: CC ... 'nuisance' is a good word to beg a question with. It is so comprehensive a term, and its content is so heterogeneous, that it scarcely does more than state a legal conclusion that for one or another widely varying reasons the thing stigmatized as a nuisance violates the rights of others.4 Only through study of the individual cases can the nature of nuisances be defined or discussed. Two general classifications of nuisances may be made, however; and these groupings should be considered before going further. An activity may be classified either as a nuisance per se or nuisance in fact. On the other hand, nuisances are either public or private; though one nuisance may combine the characteristics of both. Mississippi has avoided any classification of a legitimate business as a nuisance per se.5 The attitude seems to be that if an occupation is lawful and by care and precaution can be conducted without danger or inconvenience to another, the occupation cannot be per se a nuisance. If such an occupation or business becomes a nuisance, it is through want of proper care or precaution. A nuisance per se, then, is one which, be- 'From this general discussion of the Mississippi law of nuisances, certain phases of the subject have been excluded. The cases involving surface waters and natural watercourses, other than the pollution of streams, have not been included. These cases might well be considered in a separate study of that interesting and highly developed field of law in Mississippi; cf. Comment (1938) 11 Mississippi LAW JOURNAL 436. The so-called attractive nuisance cases will not be discussed. A more logical treatment of this doctrine would be had from the point-of-view of duty owned to trespassing children. Also, the question as to when activities of a municipality, or a public utility acting under government approval, or an activity on land acquired by exercise of eminent domain will become a nuisance, as compared to similar activities of a private individual, would best be considered in a separate discussion. 23 BL. COMM. * 216. 3COOLEY, TORTS (4th ed. 1932) § 399. 4THAYER, Public Wrong and Private Action in SELECTED ESSAYS ON THE LAW OF TORTS (1924) 276, 285, also in (1913) 27 HARV. L. REv. 317, 326. 5There appear to be two conflicting definitions of a nuisance per se: (1) The courts may, without violating any provision of the constitution, declare any particular business as conducted in a locality of a particular character, a nuisance per se, as for example, a business which because of its character, would be objectionable if conducted in a residential district. 3 COOLEY, TORTS (4th ed. 1932) § 405. (2) Unless the thing itself because of its inherent qualities, without complement, is productive of injury . . . it cannot be said to be a nuisance per se at common law. JoYcE, NUISANCES (1909) § 16. [VOL. XIII

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